Know Your Rights at School: A Legal Guide for South African Youth

Know Your Rights at School: A Legal Guide for South African Youth
Honouring Youth Day: The Fight for Justice Continues

What every learner and parent should know about education rights, school discipline, and legal support in South Africa.

David Gous
David Gous - MANAGER: LEGAL HELPLINE
30 May 2025 | 4 minute read
A LEGAL GUIDE FOR LEARNERS
DO YOU KNOW YOUR CHILD’S RIGHTS AT SCHOOL?
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On 16 June 1976, thousands of students bravely stood up against an unjust education system during the Soweto Uprising. Nearly 50 years later, we honour their courage — and remember that the fight for fairness in schools is not over.

Today’s learners still face challenges around access, safety, and being treated fairly. Knowing your legal rights at school isn’t just empowering — it’s essential.

1. Your Right to Education: What the Law Says

South Africa’s Constitution guarantees every child the right to basic education. That includes:

  • Access to schooling without unfair discrimination;
  • Language rights, especially in communities where mother-tongue instruction matters;
  • Protection from exclusion, especially where school fees or uniforms are a barrier.

📌If your child is denied admission, placed on a waitlist for too long, or excluded unfairly, it’s time to get legal advice.

2. Discipline and Safety: Know What’s Allowed

While School discipline and the law discipline is part of school life, corporal punishment is illegal — no child may be hit, humiliated, or physically punished by teachers or school officials.

Learners also have the right to be:

  • Protected from bullying or violence;
  • Heard fairly in disciplinary hearings;
  • Free from unjust searches or detentions.

🚨If a learner is suspended, expelled, or treated unfairly without due process, legal support can help you challenge it.

The upcoming BELA Bill proposes more structure in how schools handle disciplinary actions — including early involvement of parents, and formal hearings for suspensions longer than five days.

3. Your Voice Matters: Learner Expression and Protest Rights

Can learners protest? Can they post opinions online? Yes — but with limits.

Learners have the right to:

  • Peaceful protest, especially on issues like school conditions or education policy;
  • Freedom of expression, balanced with school codes of conduct;
  • Due process if accused of misconduct for speech or protest.

🗣️Even social media activity must be treated fairly — schools cannot punish students arbitrarily for speaking out.

4.Bullying, Social Media, and the Law

School Bullying Isn’t Just on the Playground Anymore

Bullying has evolved — and the digital world has made it even harder to escape. Whether it’s name-calling in the classroom or cruel comments on social media, no learner should ever feel unsafe at school or online.

South African law protects learners from all forms of bullying, including:

  • Verbal or physical harassment at school,
  • Cyberbullying via social media, messaging apps, or group chats,
  • Invasion of privacy, like sharing embarrassing photos or videos without consent.

What You and Your Child Should Know About Social Media

Even when using private accounts or class WhatsApp groups, learners should be mindful of:

  • What they post and share, including photos, jokes, or comments,
  • Who they’re tagging or talking about, especially if it involves teachers or classmates,
  • Whether their posts can be seen as threatening, hateful, or harmful.

🚨Posting or forwarding harmful content can lead to school discipline — and in some cases, legal action under the Protection from Harassment Act or POPIA (Protection of Personal Information Act).

If your child is being bullied or accused of harmful online behaviour, don’t wait. Get legal advice early to resolve the situation fairly and with the right protections in place.

5. When to Get Legal Help — and How We Can Support You

Parents and guardians don’t always know when to step in legally. Here’s when you should:

  • If your child is denied schooling or placed unfairly.
  • If they are bullied or physically punished.
  • If they are disciplined unfairly without proper procedure.
  • If your family is unsure of your rights or overwhelmed by school bureaucracy.

With Legal&Tax, you don’t have to figure it out alone.

👨‍⚖️Our Legal Plans give you access to a qualified legal advisor who can:

  • Review school letters and conduct codes,
  • Help you appeal decisions,
  • Represent you or your child in serious legal matters.

📱My AI Lawyer is also available 24/7 via WhatsApp — get guidance on rights, legal processes, and practical next steps, instantly.

6.Academic Support Through Our TeleTeacher Service

Struggling with Schoolwork? We Can Help

It’s not just legal rights that matter — academic performance plays a big role in a child’s confidence and success. But many parents don’t have the time, tools, or subject knowledge to help with homework, especially in high school.

That’s where TeleTeacher comes in.

What Is TeleTeacher?

TeleTeacher is a telephonic tutoring support service available through some Legal&Tax insurance plans. It gives learners access to qualified educators who can:

  • Help with homework and exam revision,
  • Explain difficult concepts in Maths, Science, English, and other subjects,
  • Build confidence and better understanding — right from home.

Available in both English and Afrikaans, the service is ideal for learners in Grades 1 to 12.

📞Learners (or their parents) simply call in and speak to a live tutor during operating hours. It’s like having a personal study coach — on demand.

How TeleTeacher Supports Families

  • Bridges the gap when parents can’t assist with schoolwork,
  • Helps learners keep up with curriculum pressure,
  • Gives peace of mind that academic support is just a phone call away.

Want to know if your policy includes TeleTeacher? Chat to us today — we’ll help you make sure your child has all the support they need to succeed.

7. The Final Word: Stand Tall, Stay Informed

The youth of 1976 stood up for their future. Today’s learners deserve that same courage — and support.

If your child is facing issues at school, don’t wait until it becomes a crisis. Let us help you protect their right to a fair, safe, and empowering education.

👉Use My AI Lawyer on WhatsApp today, or speak to a Legal Advisor.

With Legal&Tax you’re not alone

Protect what you love and fight for what matters!

💬 WhatsApp: +27 (71) 526 8527 (type "Hi" to start chatting).

☎️ Call: 0860 587 587

✉️Email: info@legalandtax.co.za

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